House of Representatives

SB 1022

CPS; investigations; notification

Sponsor: Senator Hartley

 

DP

Committee on Human Services

DPA

Caucus and COW

DPA

Third Read

 

DPA

As Passed the House

X

As Transmitted to the Governor

SB 1022 requires the Department of Economic Security (DES) to provide a parent with a summary investigation outcome if the parent reported the alleged child abuse. The bill also requires DES to provide a parent who is subject to investigation or reports abuse with the outcome of the investigation.

 

History

DES may not disclose information related to Child Protective Service (CPS) investigations to individuals not stated in statute.  Current law allows the alleged victim, their family and the person who is the subject of the investigation to a right of privacy.  Only particular individuals are allowed access to confidential records.  There is however a stipulation in statute that allows DES to summarize the outcome of the investigation to the reporter of the alleged abuse.  SB 1022 requires DES to summarize the outcome of the investigation for the person who reported the suspected abuse if the reporter is the child’s parent, guardian or custodian.

 

CPS is required to notify a person who is alleged to have abused a child that the department intends to substantiate the allegations.  The alleged abuser has the right to receive a copy of the report containing the allegations. Currently there are no provisions to require CPS to provide the alleged abuser with the investigation outcome.  SB 1022 requires DES to provide the parent under investigation and the reporting parent with the investigation outcome.

 

Provisions

·          Requires DES to provide a parent, guardian or custodian with a summary of the outcome of an investigation if the parent, guardian or custodian reported the suspected abuse or neglect.

·          Specifies DES shall provide a parent, guardian or custodian with the outcome of the investigation if the parent is the subject of the investigation or reported the suspected abuse or neglect at the following times:

Ø      When the report is unsubstantiated.

Ø      After the time to request a hearing has lapsed without receiving a request for a hearing.

Ø      After a final administrative decision has been made.

·          Makes technical and conforming changes.

·          Provides an effective date of September 30, 2002.

 

 

 

 

 

---------- DOCUMENT FOOTER ---------

45th Legislature                    

Second Regular Session        2          May 29, 2002

 

---------- DOCUMENT FOOTER ---------